Historically à women have been seen as holding an inferior place to men [Genesis 3:16 ‘You will be subject to your husband]
Viewed as UNITA CARO à ‘one body’ à lost identity to husband
Role of women in society determined by their marital status
Women at Work
1963 àWomen’s Bureau is established à this saw to promote womens issues through parliament
1966 à‘Marriage Bar’ à which compelled women to resign from public service lifted
1969 àAust Conciliation and Arbitration Commission à first steps toward ‘equal pay for equal work’ à However, didn’t apply to industries where work ‘usually or essentially done by women’
1970 àCommittee for womens employment established à Independent group aimed at promoting interest of women through lobbying govt and initiating policy
1972 àAust Conciliation and Arbitration Commission ruling grants that work of equal value should receive equal pay
1974 àAAAC grants women the medium adult wage, same which men getting since 1966
1975 àWomen’s Advisory Council is established in NSW to advise govt
1976 àOffice of Women’s Affairs established as branch of PM’s dept à this was to promote interests of women (now 50% pop.)
1977 àAnti-Discrimination Act (NSW)- gender- marital status
1984 à Sex Discrimination Act (Cth) à prevents discrimination based on gender, marital status, pregnancy, when going for services and goods (e.g. home loans)
1986 àAffirmative Action (Equal Employment Opportunity for women) Act (Cth) à remove barriers in workplace
Problems for women in workforce
Wages
84% pay of men à ABS 2000
1999 study à average fortnightly wages earned:
M = 798.40
F = 669.60
Stereotype of women’s work
Despite equal pay gains à still concentrated in particular areas of workforce which are lower paid than those dominated by men
Typists à 98.5%
Nurses à 94%
Teachers à 70%
Receptionists à 86.5%
Daily Telegraph August 2003
Education
Leves v Haines (1986) à school didn’t offer industrial art subjects, court ruled these were not offered due to stereotypical reasons.
This placed women at a disadvantage à court rules therefore they had to be offered
Women viewed as homemakers
Usually bear greater domestic duties
Lack of affordable childcare facilities à these lead to:
Less over time and majority part time to perform domestic duties (75% P/T are women)
More likely to miss work because children are sick
Broken working life (child birth)
Lack of Female Role Models
Harder to aspire to top corporate positions
Discrimination à less likely to gain promotions
Enterprise Bargainning and over award payments
Federal Govt conducted survey which showed men 60% more likely to gain pay rise under E.B.
“likely to get significantly less than their male counterparts” (SMH 22/9/93)
Over award payments à HREOC stated less likely to gain due to nature of their work
Glass ceiling effect
The invisible barriers created by male prejudice à prevent women from being promoted above certain levels
Proven by:
Professor Still of Uni Western Syd à 1993, women in senior management positions fell to 1.3% from 2.5% in 1984
Indirect Discrimination
High court ruled indirect discrimination by BHP against 700 women
Due to ‘last on, first off’ policy à meant women were likely to be discriminated against à compensation ordered
Sexual Harassment
Refers to any unwanted sexual advances or conduct in workplace à take form of; smacking, crude jokes, displaying pics of naked women on computer screens
General pattern of harassment à shows often people in positions of power who sexually harass fellow workerd
Often not reported through fear of losing job
Of harassment complaints received by Anti-Discrimination board in 93-94 à 40% related to sexual harassment
Hall and Others v A Sheiban Pty Ltd and Sons (1989) à doctor asking intimate personal questions during consultations
Discrimination
Treatment of one person differently to another in the same situation due to that persons membership of a particular group in society
2 types of Discrimination
Direct: - someone acts to treat someone differently
Indirect: - action results in one group being treated unfavourably
Main Laws
Anti-Discrimination Act (NSW) 1977
Sex Discrimination Act (Cth) 1984
Race Discrimination Act (Cth) 1975
HREOC Act (Cth) 1986
Part 3 Law in Focus LAW IN FOCUS: Women Changes in the Role of Women: ®Equal pay for equal work (The workplace relations and other legislation amendment act 1996) and the (industrial Arbitration Amendment act 1959) ®Right to vote (1902 in NSW) ®Equal employment opportunity (this is enforced through the implementation of the Equal Employment Opportunity Division). ®Anti – sexual harassment legislation (Sex Discrimination Act 1975 Cth) ®Anti – discrimination legislation (Anti-Discrimination Act 1977 NSW) ®Access to equal education (Leves Vs Minister for education 1986 HEO) ®Right to participate in juries (Jury Act 1977) ®Right to own property: This can be seen under the, Married persons (property and tenants Act NSW 1901, gave women the right to sue and be sued). Family law act 1975, gave women consideration for property settlement.
On Going Problems for Women: ®Sexual harassment ®‘The Glass Ceiling’- Concept which deprives women from reaching the top of their employment status. ®Paid maternity leave not available ®Often not getting equal pay ®Maternal stereotypes ®Sexual objectification ®Not able to access all occupations
®Direct Discrimination = A policy that is designed to exclude a person based on gender. ®Indirect Discrimination = When a policy is written in such a way that it is very difficult for a woman or man to meet the criteria to gain the job. ®Sexual Harassment = any unwanted and or uninvited sexual advance.
·Throughout much of the 20th century women had limited access to education. This is called institutionalized discrimination. It reduced the opportunities for women, especially employment. For example, only 12% of barristers (full time) are women, only 6% of state Supreme Court judges are women and no women sit on the high court bench. ( Leves Vs Minister for Education 1987 EOC)
·Women have moved away from an almost totally domestic role to one where they have choices to make in terms of career, long term relationships and the size of their families.
·Women have made advances in the areas of voting and economic rights, the right to participate in jury duty, social security and property rights.
·Migrant women and Aboriginal and Torres Strait Islander women often face greater disadvantages.
Legal Mechanisms: Anti Discrimination Legislation: Commonwealth Legislation: ®Sex Discrimination Act 1984
Deals with discrimination on the basis of gender, marital status and pregnancy. ®Anti Discrimination Act 1977
Deals with discrimination on the basis of gender, race and martial status, sexuality and also with issues of harassment. ®Workplace Relations Act 1996
makes it illegal to discriminate on the basis of gender, age, race, religion or sexuality in Federal awards and enterprise agreements. New South Wales Legislation: ®The Industrial Relations Act 1996
makes it illegal to discriminate against workers who are employed under NSW awards and enterprise agreements. HREOC: à The Human Rights Equal opportunity commission is a commission which may enforce decisions, in relations to women. The HREOC is legally enforceable.
Table outlining State and Federal, Legal Mechanisms:
Table outlining State and Federal, Non-Legal Mechanisms:
HREOC
Investigate, conciliate, advise of best bodies to assist (if under its jurisdiction).
EOWA: (Equal Employment for women in the workplace)
Advice and information to increase access to the law.
ADB:
Advice and information to increase access to the law.
Unions:
Information, representation, conciliation
Media:
Information, social and political pressure. Puts pressure by increasing public awareness.
Lobby groups
Increase the pressure on certain political parties, by threatening not to vote for them in the upcoming elections.
How well does the law respond to the needs of women? Perspectives: The NCWO (National Council Women’s Organisations) believes the Australian federal government is providing equality for women in the workplace. The NCWO also believes that the government’s implementations of certain legislations, which have decreased the number of sexual assault reporting’s in the workplace, are a good initiative and have resulted in an unbelievable amount of respect towards women, particularly in the workplace.
Forms of Response: Law reform is the process that is influenced by many social grops in society. The law reform groups which may be evident in society may be categorised as formal or informal. These groups are: üMedia (Informal) üLobby groups (Informal) üAdministrative review (Formal) üOmbudsman (Formal) ü
1. Research
Judicial Review (formal)
Law Reform Process
3. Recommendations by law reform organisations
4. Involvement of the government
2. Consultation with community.
Law Reform: (A) Agencies
*
Parliament (P)
*
Law reform commission(L)
*
Courts e.g. Mabo, Wik(C)
(B) Conditions that give rise to the need to reform
*
Societal views change(S)
*
Justice (New concepts) e.g. unfair dismissal etc…(J)
*
Failure of existing laws(F)
*
International laws being ratified. CROC, ICCPR, CEDAW(I)
*
Technology, i.e. DNA tests to find sexual assault culprits.(T)
Responsiveness of the workplace laws: There have over time been four workplace relations laws which have been implemented in NSW. The four of these laws are: vAnti-Discrimination Act 1977 (NSW)-Prevents discrimination in the workplace. vSex Discrimination Act 1984 (Cth)-Prevents discrimination based on gender. vAffirmative (EEO for women) Act 1986)- this act addresses equal employment opportunities for women. vIndustrial relations act 1996.
When assessing the effectiveness of the law, and the responsiveness associated with it, the following questions must be addressed. -Does it protect individual rights? (P) -Does it correct inequality?(E) -Is it accessible to all?(A) -How much does it cost?(R) -How quick is it? -Does it prevent the problem from occurring in the future?(E)
(P)= Protect individual rights?
(E)= Equality before the law?
(A)=Accessibility to information?
(R)= Resource efficient?
(E)= Enforceable?
KEY ISSUES TO BE ADDRESSED: Despite the way in which the federal and state governments respond to the needs of the women, both in relations to workplace and in the home, there are still several problems which need to be addressed. These problems are; vEqual employment opportunity vGlass ceiling vEqual pay vHealth issues vSexual assault vDomestic violence
Women
Traditional Role of women in society
Women at Work
1963 à Women’s Bureau is established à this saw to promote womens issues through parliament
1966 à ‘Marriage Bar’ à which compelled women to resign from public service lifted
1969 à Aust Conciliation and Arbitration Commission à first steps toward ‘equal pay for equal work’ à However, didn’t apply to industries where work ‘usually or essentially done by women’
1970 à Committee for womens employment established à Independent group aimed at promoting interest of women through lobbying govt and initiating policy
1972 à Aust Conciliation and Arbitration Commission ruling grants that work of equal value should receive equal pay
1974 à AAAC grants women the medium adult wage, same which men getting since 1966
1975 à Women’s Advisory Council is established in NSW to advise govt
1976 à Office of Women’s Affairs established as branch of PM’s dept à this was to promote interests of women (now 50% pop.)
1977 à Anti-Discrimination Act (NSW) - gender - marital status
1984 à Sex Discrimination Act (Cth) à prevents discrimination based on gender, marital status, pregnancy, when going for services and goods (e.g. home loans)
1986 à Affirmative Action (Equal Employment Opportunity for women) Act (Cth) à remove barriers in workplace
Wages
Stereotype of women’s work
Education
Women viewed as homemakers
Lack of Female Role Models
Enterprise Bargainning and over award payments
Glass ceiling effect
Indirect Discrimination
Sexual Harassment
Main Laws
Part 3 Law in Focus
LAW IN FOCUS: Women
Changes in the Role of Women:
® Equal pay for equal work (The workplace relations and other legislation amendment act 1996) and the (industrial Arbitration Amendment act 1959)
® Right to vote (1902 in NSW)
® Equal employment opportunity (this is enforced through the implementation of the Equal Employment Opportunity Division).
® Anti – sexual harassment legislation (Sex Discrimination Act 1975 Cth)
® Anti – discrimination legislation (Anti-Discrimination Act 1977 NSW)
® Access to equal education (Leves Vs Minister for education 1986 HEO)
® Right to participate in juries (Jury Act 1977)
® Right to own property: This can be seen under the, Married persons (property and tenants Act NSW 1901, gave women the right to sue and be sued). Family law act 1975, gave women consideration for property settlement.
On Going Problems for Women:
® Sexual harassment
® ‘The Glass Ceiling’- Concept which deprives women from reaching the top of their employment status.
® Paid maternity leave not available
® Often not getting equal pay
® Maternal stereotypes
® Sexual objectification
® Not able to access all occupations
® Direct Discrimination = A policy that is designed to exclude a person based on gender.
® Indirect Discrimination = When a policy is written in such a way that it is very difficult for a woman or man to meet the criteria to gain the job.
® Sexual Harassment = any unwanted and or uninvited sexual advance.
· Throughout much of the 20th century women had limited access to education. This is called institutionalized discrimination. It reduced the opportunities for women, especially employment. For example, only 12% of barristers (full time) are women, only 6% of state Supreme Court judges are women and no women sit on the high court bench. ( Leves Vs Minister for Education 1987 EOC)
· Women have moved away from an almost totally domestic role to one where they have choices to make in terms of career, long term relationships and the size of their families.
· Women have made advances in the areas of voting and economic rights, the right to participate in jury duty, social security and property rights.
· Migrant women and Aboriginal and Torres Strait Islander women often face greater disadvantages.
Legal Mechanisms:
Anti Discrimination Legislation:
Commonwealth Legislation:
® Sex Discrimination Act 1984
Deals with discrimination on the basis of gender, marital status and pregnancy.
® Anti Discrimination Act 1977
Deals with discrimination on the basis of gender, race and martial status, sexuality and also with issues of harassment.
® Workplace Relations Act 1996
makes it illegal to discriminate on the basis of gender, age, race, religion or sexuality in Federal awards and enterprise agreements.
New South Wales Legislation:
® The Industrial Relations Act 1996
makes it illegal to discriminate against workers who are employed under NSW awards and enterprise agreements.
HREOC:
à The Human Rights Equal opportunity commission is a commission which may enforce decisions, in relations to women. The HREOC is legally enforceable.
Table outlining State and Federal, Legal Mechanisms:
· Human Rights Equal Opportunity commission 1986 (Cth)
· IRC- Industrial relations court. (work)
· Civil action in court
Table outlining State and Federal, Non-Legal Mechanisms:
How well does the law respond to the needs of women?
Perspectives:
The NCWO (National Council Women’s Organisations) believes the Australian federal government is providing equality for women in the workplace. The NCWO also believes that the government’s implementations of certain legislations, which have decreased the number of sexual assault reporting’s in the workplace, are a good initiative and have resulted in an unbelievable amount of respect towards women, particularly in the workplace.
Forms of Response:
Law reform is the process that is influenced by many social grops in society. The law reform groups which may be evident in society may be categorised as formal or informal. These groups are:
ü Media (Informal)
ü Lobby groups (Informal)
ü Administrative review (Formal)
ü Ombudsman (Formal)
ü
Law Reform:
(A) Agencies
(B) Conditions that give rise to the need to reform
Responsiveness of the workplace laws:
There have over time been four workplace relations laws which have been implemented in NSW. The four of these laws are:
v Anti-Discrimination Act 1977 (NSW)-Prevents discrimination in the workplace.
v Sex Discrimination Act 1984 (Cth)-Prevents discrimination based on gender.
v Affirmative (EEO for women) Act 1986)- this act addresses equal employment opportunities for women.
v Industrial relations act 1996.
When assessing the effectiveness of the law, and the responsiveness associated with it, the following questions must be addressed.
- Does it protect individual rights? (P)
- Does it correct inequality? (E)
- Is it accessible to all? (A)
- How much does it cost? (R)
- How quick is it?
- Does it prevent the problem from occurring in the future? (E)
(P)= Protect individual rights?
(E)= Equality before the law?
(A)=Accessibility to information?
(R)= Resource efficient?
(E)= Enforceable?
KEY ISSUES TO BE ADDRESSED:
Despite the way in which the federal and state governments respond to the needs of the women, both in relations to workplace and in the home, there are still several problems which need to be addressed. These problems are;
v Equal employment opportunity
v Glass ceiling
v Equal pay
v Health issues
v Sexual assault
v Domestic violence